VAIBHAV JAISWAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Ram Raj Pandey, learned counsel for the applicant, Mr. Deepak Mishra, learned Additional Government Advocate assisted by Mr. Ajay Singh, learned Brief Holder representing the State, Mr. Shubham, learned counsel for accused (opposite party nos. 2, 3 and 4).

(2.) This application under Sec. 482 Cr.P.C. has been preferred by the complainant-applicant with a prayer to quash the impugned order dtd. 26/5/2023 passed by the Additional Sessions Judge, Court No. 15, Bulandshahr in Criminal Revision No. 49 of 2023 (Vichitra Gupta and others Vs. State of U.P.) arising out of summoning order dtd. 29/3/2022 in Complaint Case No. 55 of 2022, under Ss. 323, 325, 504, 506, 452 IPC, police station Kotwali City, district Bulandshahr.

(3.) Brief facts of the case, which are required to be stated are that in an incident which took place on 9/12/2021, applicant/complainant-Vaibhav Jaiswal received injuries, in respect whereof the applicant filed a criminal complaint dtd. 1/1/2022 in the Court of Chief Judicial Magistrate, Bulandshahr against opposite party nos. 2, 3 and 4. The learned Magistrate, after recording the statements of the complainant and the witnesses under Sec. 200 and 202 Cr.P.C respectively, summoned opposite party nos. 2, 3 and 4 under Sec. 204 Cr.P.C. to face trial for the offence under Ss. 323, 325, 504, 506, 451 I.P.C. vide order dtd. 29/3/2022. The said summoning order dtd. 29/3/2022 was challenged by the accused-opposite party nos. 2, 3 and 4 before the High Court by filing an application under Sec. 482 Cr.P.C. No. 10374 of 2022. The High Court vide order dtd. 15/9/2022, while declining to interfere with the summoning order dtd. 29/3/2022, directed the applicants therein to surrender before the Trial Court and to file bail application, which was directed to be decided by the Trial Court in terms of the judgment of the Supreme Court in Satender Kumar Antil Vs. CBI and another, (2021) 10 SCC 773.